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Railways and Transport Safety Bill


Railways and Transport Safety Bill
Part 3 — British Transport Police

    31

 

 74    Interpretation

     (1)    For the purposes of this Part (including, except where the context requires

otherwise, subsections (2) to (5) below) “railway” means—

           (a)           a railway within the meaning given by section 67(1) of the Transport

and Works Act 1992 (c. 42) (interpretation), and

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           (b)           a tramway within the meaning given by that section.

     (2)    For the purposes of this Part “railway services” means the management or

control, or participation in the management or control, of all or any part or

aspect of a railway or railway property.

     (3)    For the purposes of this Part “railway property” means—

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           (a)           a track,

           (b)           a network,

           (c)           a station,

           (d)           a light maintenance depot,

           (e)           a railway vehicle on a network or tramway,

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           (f)           rolling stock on a network or tramway,

           (g)           a train used on a network, and

           (h)           a vehicle used on a tramway.

     (4)    For the purposes of this Part (including subsections (1)(b) and (3) above)

“tramway” has the meaning given by section 67(1) of the Transport and Works

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Act 1992.

     (5)    For the purposes of this Part the following expressions have the meaning given

by section 82 or 83 of the Railways Act 1993 (c. 43) (interpretation) (or, where

appropriate, an equivalent meaning in relation to a tramway)—

           (a)           light maintenance depot,

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           (b)           network,

           (c)           railway vehicle,

           (d)           rolling stock,

           (e)           station,

           (f)           track, and

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           (g)           train.

     (6)    In this Part unless the context requires otherwise a reference to a constable of

the Police Force includes a reference to a constable of any rank.

     (7)    In this Part a reference to the National Policing Plan is a reference to the plan

provided for in section 36A of the Police Act 1996 (c. 16).

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     (8)    This section is subject to section 76(2).

 75    Index of defined expressions

The following expressions are defined for the purposes of this Part by the

provisions specified.

 

Expression

Provision

 

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The Authority

Section 18

 
 

 

Railways and Transport Safety Bill
Part 4 — Shipping: Alcohol and Drugs

    32

 
 

Expression

Provision

 
 

British Transport Police Federation

Section 38

 
 

The Chief Constable

Section 21

 
 

Constable

Sections 25(5) and 74

 
 

Light maintenance depot

Section 74

 

5

 

National Policing Plan

Section 74

 
 

Network

Section 74

 
 

Police services agreement

Section 32

 
 

The Police Force

Section 20

 
 

Railway

Section 74

 

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Railway property

Section 74

 
 

Railway services

Section 74

 
 

Railway vehicle

Section 74

 
 

Rolling stock

Section 74

 
 

Station

Section 74

 

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Track

Section 74

 
 

Train

Section 74

 
 

Tramway

Section 74

 
 

 76    Extent

     (1)    This Part shall extend only to—

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           (a)           England and Wales, and

           (b)           Scotland.

     (2)    In the application of this Part in relation to Scotland any reference to a tramway

shall be disregarded.

Part 4

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Shipping: Alcohol and Drugs

Offences

 77    Professional staff on duty

     (1)    This section applies to—

           (a)           a professional master of a ship,

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           (b)           a professional pilot of a ship, and

           (c)           a professional seaman in a ship while on duty.

     (2)    A person to whom this section applies commits an offence if his ability to carry

out his duties is impaired because of drink or drugs.

 

 

Railways and Transport Safety Bill
Part 4 — Shipping: Alcohol and Drugs

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     (3)    A person to whom this section applies commits an offence if the proportion of

alcohol in his breath, blood or urine exceeds the prescribed limit.

     (4)    For the purposes of this section a master, pilot or seaman is professional if (and

only if) he acts as master, pilot or seaman in the course of a business or

employment.

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     (5)    Where a person is charged with an offence under this section in respect of the

effect of a drug on his ability to carry out duties on a fishing vessel, it is a

defence for him to show that—

           (a)           he took the drug for a medicinal purpose on, and in accordance with,

medical advice, or

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           (b)           he took the drug for a medicinal purpose and had no reason to believe

that it would impair his ability to carry out his duties.

 78    Professional staff off duty

     (1)    This section applies to a professional seaman in a ship at a time when—

           (a)           he is not on duty, but

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           (b)           in the event of an emergency he would or might be required by the

nature or terms of his engagement or employment to take action to

protect the safety of passengers.

     (2)    A person to whom this section applies commits an offence if his ability to take

the action mentioned in subsection (1)(b) is impaired because of drink or drugs.

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     (3)    A person to whom this section applies commits an offence if the proportion of

alcohol in his breath, blood or urine exceeds the prescribed limit.

     (4)    For the purposes of this section a seaman is professional if (and only if) he acts

as seaman in the course of a business or employment.

     (5)    Where a person is charged with an offence under this section in respect of the

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effect of a drug on his ability to take action it is a defence for him to show that—

           (a)           he took the drug for a medicinal purpose on, and in accordance with,

medical advice, or

           (b)           he took the drug for a medicinal purpose and had no reason to believe

that it would impair his ability to take the action.

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 79    Non-professionals

     (1)    This section applies to a person who—

           (a)           is on board a ship which is under way,

           (b)           is exercising, or purporting or attempting to exercise, a function in

connection with the navigation of the ship, and

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           (c)           is not a person to whom section 77 or 78 applies.

     (2)    A person to whom this section applies commits an offence if his ability to

exercise the function mentioned in subsection (1)(b) is impaired because of

drink or drugs.

     (3)    A person to whom this section applies commits an offence if the proportion of

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alcohol in his breath, blood or urine exceeds the prescribed limit.

     (4)    The Secretary of State may make regulations providing for subsection (3) not

to apply in specified circumstances.

 

 

Railways and Transport Safety Bill
Part 4 — Shipping: Alcohol and Drugs

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     (5)    Regulations under subsection (4) may make provision by reference, in

particular—

           (a)           to the power of a motor;

           (b)           to the size of a ship;

           (c)           to location.

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 80    Prescribed limit

     (1)    The prescribed limit of alcohol for the purposes of this Part is—

           (a)           in the case of breath, 35 microgrammes of alcohol in 100 millilitres,

           (b)           in the case of blood, 80 milligrammes of alcohol in 100 millilitres, and

           (c)           in the case of urine, 107 milligrammes of alcohol in 100 millilitres.

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     (2)    The Secretary of State may make regulations amending subsection (1).

Enforcement

 81    Penalty

A person guilty of an offence under this Part shall be liable—

           (a)           on conviction on indictment, to imprisonment for a term not exceeding

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two years, to a fine or to both, or

           (b)           on summary conviction, to a fine not exceeding the statutory

maximum.

 82    Specimens, &c.

     (1)    The provisions specified in the first column of the table below, with the

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modifications specified in the third column and any other necessary

modifications, shall have effect in relation to an offence under this Part.

 

Provision

Description

Modification

 
 

Road Traffic Act

   
 

1988 (c. 52)

   

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Section 6

Preliminary breath

In place of subsections (1) and (2), the power

 
  

tests

to require the provision of a specimen shall

 
   

apply where—

 
   

     (a)    a constable in uniform reasonably

 
   

suspects that the person is

 

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committing an offence under section

 
   

77(3), 78(3) or 79(3),

 
   

     (b)    a constable in uniform reasonably

 
   

suspects that the person has

 
   

committed an offence under section

 

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77(3), 78(3) or 79(3) and still has

 
   

alcohol in his body, or

 
   

     (c)    an accident occurs owing to the

 
   

presence of a ship in a public place

 
   

and a constable reasonably suspects

 

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that the person was at the time of the

 
   

accident a person to whom section

 
   

77, 78 or 79 applied.

 
 

 

Railways and Transport Safety Bill
Part 4 — Shipping: Alcohol and Drugs

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Provision

Description

Modification

 
   

In place of subsection (3), a person may be

 
   

required to provide a specimen either—

 
   

     (a)    at or near the place where the

 
   

requirement is made, or

 

5

   

     (b)    at a police station specified by the

 
   

constable.

 
 

Section 7

Provision of

In subsection (1) the reference to an offence

 
  

specimen

under section 3A, 4 or 5 of the 1988 Act shall

 
   

be treated as a reference to an offence under

 

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section 77, 78 or 79 of this Act.

 
   

In subsection (3)(c) the reference to an offence

 
   

under section 3A or 4 of the 1988 Act shall be

 
   

treated as a reference to an offence under

 
   

section 77(2), 78(2) or 79(2) of this Act.

 

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Section 7A

Specimen of blood

  
  

taken from person

  
  

incapable of

  
  

consenting

  
 

Section 8

Choice of specimen

  

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of breath

  
 

Section 9

Protection for

  
  

hospital patient

  
 

Section 10

Detention of person

In subsection (1)—

 
  

affected by alcohol

     (a)    the reference to driving or

 

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or drug

attempting to drive a mechanically

 
   

propelled vehicle on a road shall be

 
   

treated as a reference to exercising a

 
   

function in connection with the

 
   

navigation of a ship, and

 

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     (b)    the reference to an offence under

 
   

section 4 or 5 of the 1988 Act shall be

 
   

treated as a reference to an offence

 
   

under section 77, 78 or 79 of this

 
   

Act.

 

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In subsection (2) the reference to driving a

 
   

mechanically propelled vehicle shall be

 
   

treated as a reference to exercising a function

 
   

in connection with the navigation of a ship.

 
   

In subsection (3) the reference to driving

 

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properly shall be treated as a reference to

 
   

exercising a function in connection with the

 
   

navigation of a ship.

 
 

Section 11

Interpretation

For the definition of “the prescribed limit”

 
   

there shall be substituted the definition given

 

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in this Part (and the definition of “drug” shall

 
   

be disregarded).

 
 

Road Traffic

   
 

Offenders Act

   
 

1988 (c. 53)

   

50

 

Section 15

Use of specimens

In subsection (1), the reference to an offence

 
   

under section 3A, 4 or 5 of the Road Traffic

 
   

Act 1988 shall be treated as a reference to an

 
   

offence under section 77, 78 or 79 of this Act.

 
 

 

Railways and Transport Safety Bill
Part 4 — Shipping: Alcohol and Drugs

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Provision

Description

Modification

 
   

The relevant time for the consumption of

 
   

alcohol for the purpose of subsection (3)(a)

 
   

shall be before providing the specimen and

 
   

after the time of the alleged offence.

 

5

   

In subsection (3)(b) the reference to driving

 
   

shall be treated as a reference to exercising a

 
   

function in connection with the navigation of

 
   

a ship.

 
 

Section 16

Documentary

  

10

  

evidence

  
 

     (2)    The Secretary of State may by regulations amend the table in subsection (1) so

as—

           (a)           to add a provision relating to an offence which concerns alcohol or

drugs in relation to road traffic;

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           (b)           to add, remove or amend a modification (whether or not in connection

with an amendment of a provision specified in the table).

     (3)    For the purpose of the application by subsection (1) of a provision listed in the

table in that subsection—

           (a)           the provision shall extend to the whole of the United Kingdom, and

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           (b)           a reference to the provision shall be treated, unless the context

otherwise requires, as including a reference to the provision as applied.

 83    Detention pending arrival of police

     (1)    A marine official may detain a ship if he reasonably suspects that a person who

is or may be on board the ship—

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           (a)           is committing an offence under section 77, 78 or 79, or

           (b)           has committed an offence under section 77, 78 or 79.

     (2)    The power of detention under subsection (1)—

           (a)           is conditional upon the marine official making a request, either before

the detention or as soon as possible after its commencement, for a

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constable in uniform to attend, and

           (b)           lapses when a constable in uniform has decided whether or not to

exercise a power by virtue of section 82 and has informed the marine

official of his decision.

     (3)    In this section “marine official” means—

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           (a)           a harbour master, or an assistant of a harbour master, appointed by a

harbour authority,

           (b)           a person listed in section 284(1)(a) to (d) of the Merchant Shipping Act

1995 (c. 21)(detention of ship), and

           (c)           a person falling within a class designated by order of the Secretary of

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State.

     (4)    In construing section 284(1)(b) of the Merchant Shipping Act 1995 (detention

by person authorised by Secretary of State) for the purpose of subsection (3)(b)

above, the reference to authorisation to exercise powers under that section

shall be taken as a reference—

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           (a)           to general authorisation to exercise powers under that section, and

 

 

Railways and Transport Safety Bill
Part 4 — Shipping: Alcohol and Drugs

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           (b)           to general or particular authorisation to exercise powers under this

section.

 84    Arrest without warrant

     (1)    A constable may arrest a person without a warrant if the constable reasonably

suspects that the person—

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           (a)           is committing an offence under section 77(2), 78(2) or 79(2), or

           (b)           has committed one of those offences and is still under the influence of

drink or drugs.

     (2)    But a person may not be arrested under this section while he is at a hospital as

a patient.

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     (3)    In subsection (2) “hospital” means an institution which—

           (a)           provides medical or surgical treatment for in-patients or out-patients,

and

           (b)           is not on a ship.

     (4)    Arrest under this section shall be treated as arrest for an offence for the

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purposes of—

           (a)           Part IV of the Police and Criminal Evidence Act 1984 (c. 60) (detention),

and

           (b)           Part V of the Police and Criminal Evidence (Northern Ireland) Order

1989 (S.I. 1989/1341 (N.I. 12)) (detention).

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 85    Right of entry

     (1)    A constable in uniform may board a ship if he reasonably suspects that he may

wish to exercise a power by virtue of section 82 or under section 84 in respect

of a person who is or may be on the ship.

     (2)    A constable in uniform may enter any place if he reasonably suspects that he

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may wish to exercise a power by virtue of section 82 or under section 84 in

respect of a person who is or may be in that place.

     (3)    For the purposes of boarding a ship or entering a place under this section a

constable—

           (a)           may use reasonable force;

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           (b)           may be accompanied by one or more persons.

General

 86    Consequential repeal

Section 117 of the Merchant Shipping Act 1995 (c. 21) (drunkenness on duty)

shall cease to have effect.

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 87    Orders and regulations

     (1)    An order or regulations under this Part may—

           (a)           make transitional, supplemental and incidental provision;

           (b)           make provision generally or for specified purposes only;

           (c)           make different provision for different purposes.

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